The trial of Senator Orji Uzor Kalu a former Governor of Abia State, and two others, who were accused of fraud to the tune of N7. 6 billion, continued on Monday with the Senator finally opening his defence.
Tribune Online recalls that the trial had suffered several adjournments before the matter was transferred to a new Judge. The matter has also been in court for almost twelve years.
Orji, now a senator of the Federal Republic of Nigeria, representing Abia North Senatorial district, is being tried before Justice Mohammed Idris on 34 counts charge alongside his company, Slok Nigeria Limited and his former commissioner of finance, Udeh Jones Udeogu.
They are being tried by the Economic and Financial Crimes Commission (EFCC).
At the resumed hearing of the matter on Monday, the prosecutor, Mr Rotimi Jacobs (SAN) told the court that the matter is for the defence to open their case, as the prosecution had closed its case.
But Orji’s counsel, Chief Awa Kalu (SAN) in his response affirmed the position of Jacobs, adding that he had by a letter dated July 15 2019, after receiving the notice of hearing informed the court that he will not be available in court because of the election petition he is managing.
Kalu (SAN) also stated that he, however, decided to come to the court in person to explain his predicament.
“My Lord I had to run to Lagos without the case file because my secretary is bereaved and not in Abuja, for that reason, I would not be able to proceed,” Kalu SAN said.
The SAN also told the court that the second and third defendants were not represented and that since the trial is a joint one, it would be improper to proceed in their absence.
He, therefore, prayed for an adjournment to would be convenient for all the parties.
Responding to Orji’s counsel request for adjournment, the prosecutor Jacobs (SAN) prayed the court to direct the first defendant, Orji Kalu to open his defence.
Justice Idris while ruling on whether the trial should continue in the absence of the second and third defendants, said: “since counsel to second and third defendants were served with the notice of hearing for the day and they were absent and did deem it fit to send any of the counsels that have been appearing with them in the matter, the proceedings of the day will go on in their presence.”
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Consequently, former Abia State governor commenced his defence.
Senator Orji while being led in evidence by his counsel, told the court that he earned a living as a manufacturer of homemade goods until a few weeks ago when he became a Senator of the Federal Republic of Nigeria.
When further probed by his counsel of what are the real lines of his manufacturing, the defendant said he manufactured Tomato paste and other household items.
On why he was in court, Kalu admitted that he is in court standing trial on 34 counts of alleged N7.6 billion fraud and that he has pleaded not guilty to the charges.
At this point, Awa Kalu (SAN) asked for an adjournment which was not opposed to by the prosecutor Mr Jacobs (SAN).
Consequently, Justice Idris has adjourned the matter till August 26, for the continuation of trial.
It would also be recalled that the prosecution after calling several witnesses and tendered several exhibits which were admitted by the court, closed its case, which made the defendants file a no-case-submission.
However, the defendants’ no-case-submission was dismissed by the court on July 31, 2018.
The development, however, made the court to call on the defendants to open their defence on the allegations.
EFCC in an amended charge marked FHC/L/56C/08, Dr. Kalu and other defendants were alleged to have allegedly diverted about N3.2 billion from Abia State Government’s treasury between 2001 and 2005.
They were also alleged to have used four banks to perpetrate the alleged fraud.
and then